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SERVED AUGUST 9, 2011 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

AMERICAN EAGLE AIRLINES, INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penally Action) 

FDMSNO. FAA-2011-0296 

AMENDED PROCEDURAL ORDER 

And 

NOTICE OF HEARING 

Paragraph #2 of the Procedural Order' is amended as follows^: 

WHEREFORE, the parties be and are hereby ORDERED to adhere to the following 

procedural schedule: 

... On or before September 15, 2011, the parties shall conclude all discovery 

including, but not limited to, depositions, document production, responses to 

production requests and/or interrogatories. If the parties cannot resolve a 

discovery dispute they shall submit the dispute to the undersigned for resolution 

in a timely manner... 

Materials filed in the FAA Hearing Docket (except for materials filed in security cases) are also available 

for viewing at hUp://www.regulations.gov. 

' The Administrator's civil penalty decisions, along with indexes of the decisions, the Rules of Practice, as 

well as other materials relating to civil penalty cases, are available on the internet at: 

htlp://wwwfaa.gov/about/oJpcej^rg/headquariers_oj/ices/agc/pol_adjudicaiioii/agc400/civiljyenally/: see 

also; hltp://ecfr.gpoaccess.gov/cgi/l/text/text-idx?c=ecfr&ipl=/ecfrbro\vse/Tille!4/l4tab_02.tpl. In 

addition, Thomson Reuters/West Publishing publishes Federal Aviation Decisions. Finally, the decisions 

arc available through LEXIS (TRANS library) and WestLaw 9FTRAN-FAA database). For additional 

information, see the Web site. 

1 
NOTICE IS HEREBY GIVEN that testimony and evidence wili be heard and considered 

on September 29 and 30, 2011 in the National Transportation Safety Board Hearing, 

Room, 624 Six Flags Drive, Suite 150, Arling.ton, Texas, 76011. Hearings will 

commence at 9:00 a.m. and conclude at 4:30 p.m. each day. The parties should vacate 

the coLiithouse on or before 5:00 p.m. each day. 

Settlcil eases will not be removed from the docket until the Judge receives the 

proper pleading(s)-"* Pleadings may be forwarded by fax, express mail, courier or 

postal service. 

jchard C. Goodwin 

U.S. Admimstrative Law Judge 

Attachment - Service List 

'The public policy of favoring and encouraging settlement makes necessary the inadmissibility of 

settlement negotiations in order lo foster frank discussions". (Fiberglass Insulators, Inc v Dupuy, et al, 

(856 F. 2d 652, 26 Fed. R. Evid. Serv. 1225, 1988. See also Coakley & Williams Construction, 

Incorporaled v Structural Concrete Equipment, Incorporated, 973 F.2d 349, 1992; 2 McCorniick on Evid. 

§266 (6ili ed.); Rule 68 of the Federal Rules of Civil Procedure.). Rule 408 of the Federal Rules of 

Evidence "...prohibits the admission of statements made in compromise negotiations..." (In Uie Matter of 

Africa Air Corporation, FAA Order No. 99-5). "Rule 408's public policy purpose of encouraging frank 

settlement discussions is as compelling in FAA civil penalty proceedings as it is in Federal Trials. Hence, 

its guidance vt-ill be followed in these proceeds." (Id.) 
FDMS No. FAA-2011-0296 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Francis C. Heil, Respondent's Counsel 

Legal Department 

P.O. Box 619616 

-Mail Drop 5675 

DFW Airport, TX 75261-9616 

TEL: 202-496-5642 

FAX: 202-496-5660 

Rena M. Price, Complaina/it's Counsel 

Attorney, Safety Enforcement Branch 

Office of the Regional Counsel 

Southwest Region, ASW-7E1, RIVTP 

Federal Aviation Administration 

2601 Meachani Blvd., Room 663 

Fort Worth, TX 76137-0007 

TEL: 817-222-5068 

FAX: 817-222-5945/5092 

The Honorable Richard C. Goodwin, Administrative Law.Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington,.DG-20590~ 

"TELi" 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX; 202-366-7536 

' Scr\'icc was by U.S. Mai!. For service in person or by expedited courier, use Uic following address: Federal 

Aviation Adniinislrallon, 600 Independence Avenue, S.W.. Wilbur Wright Building—Suite 2W1000, Wasliinglon, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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